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Name: People v. Hernandez
Case #: B145238
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 02/06/2002
Subsequent History: Rev. granted 5/15/02.

The court erred in removing a juror near the end of trial where the juror had spoken out about her perception that a defense witness had been treated disrespectfully, and wondered if police deception in interrogating a suspect was normal practice. However, she also stated that she had formed no opinion about the case and promised to remain fair and open-minded. Moreover, double jeopardy prevented a retrial because excusing a juror who is apparently sympathetic to the defense, over defense objection, to reconstitute the jury in the prosecution’s favor is tantamount to a mistrial without necessity.